Fifth+Welsh+1

=The Fifth Amendment= By : Alessandra G, Nicole D, and Thomas T




 * __What does the amendment state?__**

Amendment states that no defendent must take the stand, and they cannot be tried for the same crime twice. Also, the goverment cannot take away someone's property unless it is fair and they have the right to. They also cannot take away your freedom.

In 1789, this amendment was made by Congress to the states on September 25. It was written by James Madison who was a Vvirginia lawyer who later became presidnet of the United States. Several other people helped in the writing of this amendment. This amendment was approved with eleven states that ratified, including New Jersey, Maryland, North Carolina, South Carolina, New Hampshire, Delaware, New York, Pennnslyvania, Rhode Island, Vermont, and Virginia. The states ratified on December 15, 1791.

The amendment was made due to tension between Great Britain and and its colonies. After the Revolutionary War, the now independent states, were first under the Articles of Confederation. The independent states soon leanred that they needed a new strong central goverment since the Articles of Confederation weren't working.

The Amendment Today
The amendment is still very much applied to life today. It is very common for people to plead the fifth and not take the stand or give evidence aganist themselves and testify. People always have reasons for pleaing the fifth and of course no one can deny them the right of not having to testify and take the stand. It changed the United States in a few ways. One being of course....people had the right to not have to testify aganist themselves. It has also changed the was that the jury can think of you and what really happened in the crime. They might think that you are not testifying because you might be scared that you might say the wrong thing and reveal that you committed the crime.

The Good and Bad
The Fifth Amendment has two sides to the story. People might want to plead the fifth because you don't have to take the stand. This would be good so that when you are up there you cannot say something that could get you into more trobule. Also, if you are innocent, you may give information that may make it seem like you actually did commit the crime.

Five Clauses of Fifth Amendment
- The Grand Jury Clause...states that any person who was accused of a federal crime must be charged by the Grand Jury -the Double Jeopardy Clause...prohibits goverment from trying someone for the same crime twice -the self-incrimination clause...gives people the right to not give their word or response to questions in court that might be used agnist aganist them. -the due process clause-prohibits goverment from taking any actions that deprive a person of life, liberty, or property -the eminent domain clause- establihesgoverments right to take private property for public us (such as building a road where there might have been someone's home before that)

Case Of Scott Peterson
By Alessandra

http://cnn.com/2003/LAW/11/18/peterson.hearing/index.html

Summary of Article- The article states that Scott Peterson pleaded not guilty but he refuses to take the stand and testify aganist himself. He said he went fishing alone that day and would say nothing further. He decided to "plead the fifth." The article summarizes the trial. It also talks about other witnesses that were called to the stand and what they had to say about the situation. Several months later, Peterson was convicted guilty for the murder of his wife Laci Peterson and their unborn baby boy. He has now gotten the death penalty and the jury and people of the court are still taking the legal steps toward

My View-In the famous trial of Scott Peterson, he decided to "plead the Fifth." This meaning he had the right to do what was stated in the fifth, meaning he didnt have to take the stand and be a witness aganist himself. Also, he didnt have to give information taht would make him seem guilty. Peterson's decision about not taking the stand din't seem to work very well. Although he didnt plead guilty, he was proven to be by the Grand Jury.

by Nicole Dennis
 * The Case of John Couey**

What the article is about- The article regarding the case of Jessica Lunsford is about a 47 year old mentally retarded man, who kidnapped,raped,and murdered a nine year old child. John Couey the man that did this to the girl kidnapped her from her bedroom.Then h e brouhgt her to a nearby trailor to sexzually assult her. He first wrapped her hands in stero wire then put hear body in 2 garbage bags. Jonh Couey buried a deep hole in his backyard and put her body in it while still alive. After he found out she was dead, he fled to Georgia so the cops couldnt find him, but fortunatly they did. John Couey was sentenced to life in prision. He didnt get the excecution because as his attorney quoted he couldn't leagally be executed because he is mentally retarded. In the end he actally confessed what he did and in quote paniced and didnt know what to do. John Couey was told he wouldn't testifiy,so he pleaded the fifth.

My in puts on it i personally think that Jon Couey should have gotten a death penalty because no human being no matter how old you are should have to go through such pain like that EVER! I mean if your mentally retarded and you know it then get some help, you shouldn't be putting your anger, or whatever John Couey was holding inside on someone else is not right. John Couey was sentenced to life in prison.

SELECTION BEGINS IN MURDER TRIALS by, Thomas

In 2007 Damon Clark was charged with the death of a 3 year old. Her name is Cherish Moreland. She was killed by a bullet on the side of the head. cherish was killed on the front steps to her grandmas house.

My cunsers are way did he kill her. I feel that he dizervs a long sentans. I know he was drunkbut the girl did not dizerv this. To read more go to the link below.

http://www.tribunechronicle.com/news/articles.asp?articleid=26781